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CTS v. USPA - Complaint

CTS v. USPA - Complaint

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Published by slburstein
CTS v. USPA - Complaint
CTS v. USPA - Complaint

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Published by: slburstein on Apr 29, 2013
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11/25/2014

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COMPLAINT Page 1 of 4Carl D. Crowell, OSB No. 982049email: crowell@kite.comC
ROWELL
L
AW
 P.O. Box 923Salem, OR 97308(503) 581-1240Of attorneys for plaintiff UNITED STATES DISTRICT COURTDISTRICT OF OREGONEUGENE DIVISIONCTS WHOLESALE, LLC,Plaintiff,v.USPA ACCESSORIES, LLC d/b/aCONCEPT ONE,Defendant.Case No.: 6:13-00709COMPLAINTDECLARATORY JUDGMENT OFNON-INFRINGEMENTPATENT INFRINGEMENTDEMAND FOR JURY TRIALCOMPLAINT DECLARATORY JUDGMENT OF NON-INFRINGEMENTPlaintiff CTS Wholesale, LLC, alleges:NATURE OF THE ACTION1.
 
 This is a civil action for a declaratory judgment to hold plaintiff does not and has not everinfringed U.S. Patent No. D557,478. THE PARTIES2.
 
Plaintiff CTS Wholesale, LLC, is an Oregon corporation with a principal place of business in Salem, Oregon.
Case 6:13-cv-00709-TC Document 1 Filed 04/27/13 Page 1 of 4 Page ID#: 1
 
COMPLAINT Page 2 of 43.
 
On information and belief, Defendant USPA Accessories LLC d/b/a Concept One(“USPA”) is a limited liability company organized and existing under the laws of the State of New York, with an principal office in New York, New York, doing business nationwide. JURISDICTION AND VENUE4.
 
 This is action is pursuant to 35 U.S.C. §§ 101 et seq., the Declaratory Judgment Act, 28U.S.C. § 2201 and other relevant laws.5.
 
 This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a),2201(a) and 2202.6.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c) and 1400(b) because asubstantial part of the events which give rise to the claims herein occurred in this district andbecause USPA is subject to personal jurisdiction in this district.7.
 
On information and belief, USPA is subject to personal jurisdiction in the District of Oregon consistent with the principles of due process and the Oregon Long Arm Statute, andbecause USPA offers its products for sale nationwide and has transacted business in this District.PATENT AT ISSUE8.
 
U.S. Pat. D557,478 is a design patent for the ornamental design of a visor with simulatedhair.9.
 
It is believed U.S. Pat. D557,478 was issued to David M. Nance on 12/18/2007, andassigned to Backgate Designs, Inc in assignments executed March 17, 2009, and then assignedfrom Backgate Designs, Inc. to USPA Accessories, LLC in an assignment recorded June 18,2012.10.
 
It is believed USPA Accessories, LLC d/b/a Concept One is the owner of all right titleand interest in U.S. Pat. D557,478.
Case 6:13-cv-00709-TC Document 1 Filed 04/27/13 Page 2 of 4 Page ID#: 2
 
COMPLAINT Page 3 of 4GENERAL ALLEGATIONS11.
 
USPA and its predecessors in interest have filed a number of suits against defendantsacross the country seeking to enforce U.S. Pat. D575,478.12.
 
USPA has stated a specific intent to file suit against plaintiff and demands plaintifcomply with demands and the production of information beyond the scope of any right grantedto USPA under the patent.13.
 
Plaintiff has considered U.S. Pat. D557,478 and compared it to products that werepreviously sold but which it no longer sells and does not believe it ever sold any product thatinfringes U.S. Pat. D557,478.14.
 
Plaintiff is not infringing, has not infringed, and is not liable for any infringement of U.S.Pat. D557,478, and USPA has no rights against plaintiff under U.S. Pat. D557,478.15.
 
By On information and belief, USPA intends to file suit against plaintiff and absent adeclaration of non-infringement plaintiff will suffer and continues to suffer injury.16.
 
Plaintiffs seek a declaration that they have not and do not infringe U.S. Pat. D557,478and that they are not otherwise liable for infringement.PRAYER FOR RELIEFWHEREFORE, plaintiff prays for relief as follows:I.
 
for entry of a judgment declaring U.S. Pat. D557,478 is not infringed by plaintiff andthat plaintiff is not liable for infringement;II.
 
for entry of a preliminary and permanent injunction enjoining USPA from pursuinginfringement litigation or threatening litigation related to U.S. Pat. D557,478 againstplaintiff or any of plaintiffs' customers or business relations; andIII.
 
that plaintiff have such other and further relief as the Court shall deem proper.
Case 6:13-cv-00709-TC Document 1 Filed 04/27/13 Page 3 of 4 Page ID#: 3

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